Sex Crimes

In this article, we’ll go over some of the most common sex crimes and offenses in North Dakota, including how they are defined and the punishments they carry if you are convicted.

Sex crimes and sex offenses in North Dakota come with some of the harshest penalties. Sex offenders may face long prison sentences, extensive probation terms, and even lifetime registration requirements that make it difficult to reenter society after completing their sentence. However, there are defenses available to those accused of sex crimes in North Dakota if their case is handled properly from day one.

Contact an experienced criminal defense attorney as soon as possible to learn how you can help defend yourself against the charges. Below, we offer answers to questions related to sexual misconduct laws and punishments throughout North Dakota.

For more information on your specific situation or other legal questions, contact an attorney at Ringstrom DeKrey today.

Gross Sexual Imposition

The state may prosecute gross sexual imposition when someone coerces or threatens an individual to engage in a sexual act. Gross sexual imposition usually involves one of the following fact patterns:

• An individual coerced the victim into a sexual act by force or threat of death or significant bodily harm.

• The alleged attacker significantly harms the victim's ability to evaluate or control their behavior or resist a sexual encounter using intoxicants like drugs or alcohol.

• The individual committing the assault had reasonable grounds to believe the victim was unaware that a sexual act was being committed against them.

• The victim was under 15 years old.

• The attacker had reason to believe that the other person suffered from a mental disease or defect that rendered him or her incapable of understanding the nature of the sexual encounter.

Penalty for Gross Sexual Imposition

Gross sexual imposition is a Class AA or A felony, punishable by up to life in prison without parole or a maximum of 20 years, depending on the facts of the case. There are also some mandatory minimum penalties for gross sexual imposition.

A mandatory minimum sentence is a penalty that a court must impose on a person guilty of a crime, regardless of the offender's or offense's particular circumstances.

Chapter 12.1-32 of the North Dakota Century Code outlines mandatory minimum sentencing.

North Dakota’s sexual assault law is similar to the conduct outlined in the gross sexual imposition section of this article.

The North Dakota Century Code states that someone could be found guilty of sexual assault if the following situations are proven in court:

• The alleged attacker was aware, or had reason to suspect, that the sexual contact of the victim was unwanted or is offensive.

• That individual knew or had reason to think that the other person had a mental condition or defect that left the other person incapable of consenting to the contact.

• The alleged attacker had prevented resistance or controlled the victim’s behavior using a controlled substance like drugs or alcohol.

• The victim was confined in a hospital, jail, or other institution and the actor had supervisory or disciplinary responsibility over them.

• The victim was a minor over the age of 15, and the attacker wasthe victim's parent, guardian, or was otherwise responsible for the other person's care. Or the victim was a minor over 15 years old and the attacker was an adult.

Sexual Assault Penalties in North Dakota

Sexual assaults in North Dakota can range in punishments from a Class C felony to a Class A misdemeanor.

Class C felonies are punishable by up to 5 years in jail and a $10,000 fine.

Class A misdemeanors have a maximum punishment of 360 days in jail and a $3,000 fine.

Indecent exposure

Indecent exposure laws in North Dakota revolve around exposing one’s self in public. This can include masturbating in a public place or in the presence of a minor, exposing your private parts in public, or sending unsolicited images of your genitals via text message or email.

An individual charged with indecent exposure could face a punishment of a Class C or B felony, depending on the circumstances of the case.

Class B felonies carry a maximum sentence of 10 years in prison and a $20,000 fine.

Class C felonies carry a maximum penalty of 5 years in prison and $10,000 fine.

Surreptitious intrusion

This criminal charge revolves around invading another’s privacy, usually with the intent to gratify a sexual desire. This includes:

• Peeping into another’s residence.

• Entering a residence to install a recording device.

• Peeping into a space like a tanning booth, bathroom, hotel room, or other place where someone would expect their privacy.

• Installing a recording device in an area where one would expect privacy, like a tanning booth, dressing room, bathroom, or hotel room.

Usually, someone charged with surreptitious intrusion will be facing a Class A misdemeanor. If found guilty, that individual could be looking at a jail sentence of up to 360 days in jail and a fine of up to $3,000.

If the individual being charged with surreptitious intrusion has a prior conviction for the same crime, is a registered sex offender, or the victim is a minor, they could face a Class C felony.

Class C felonies carry a maximum penalty of 5 years in prison and $10,000 fine.

Sexual Extortion

Sexual extortion involves being blackmailed for your silence or forced to pay someone because you want to keep something about yourself a secret.

For example, it is sexual extortion to be threatened with harm or humiliation if you don’t engage in a sexual act. This can include paying money in blackmail to avoid the release of sensitive photographs.

It also is extortion if you are threatened with harm or loss of something else valued by you — including information about your family, money, property, services, education, or career opportunities — unless you engage in sexual activity.

Sexual extortion may occur before, during, or after any type of sexual activity, but usually occurs as part of an effort to force a person into unwanted sex acts. In North Dakota, sexual extortion can be a Class B felony, depending on the facts of the case.

Class B felony offenses carry a maximum sentence of 10 years in prison and a $20,000 fine.